Policy-making In The European Union

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In recent years the European Union's membership has increased from 15 to 25 countries, it has adopted the Lisbon strategy for achieving greater economic competitiveness, taken steps towards a more purposive common foreign and defence policy, and significantly increased its efforts to deal with challenges to internal security. The new edition of this highly successful textbook brings the reader up-to-date with the range of core policy challenges facing the European Union and the ways in which they are being addressed. It includes a new chapter which lays out the primary questions of the book against the background of new research and a new chapter on employment policy which covers the major developments in this area.

Helen Wallace is the Director of the Robert Schuman Centre for Advanced Studies at the European University Institute and a Professorial Fellow at the University of Sussex. She has published many papers and books on the politics and policies of the European Union. William Wallace is Professor of International Relations at the London School of Economics. He has published widely on European and foreign policies. Mark Pollack is Associate Professor of Political Science at Temple University, Philadelphia. His current research focuses on the role of the supranational institutions of the European Union.

Preface

xv

List of Figures

xviii

List of Boxes

xix

List of Tables

xxi

Abbreviations and Acronyms

xxiii

List of Contributors

xxx

Table of Cases

xxxi

Table of Secondary Legislation

xxxiii

Editors' Note

xl

Part I Institutions, Process, and Analytical Approaches

1

(90)

1 An Overview

3

(10)

Introduction

3

(1)

The EU and its predecessors

4

(1)

Some preliminary observations

5

(2)

The EU in context

7

(6)

The EU as a unique arena—or perhaps not

9

(4)

2 Theorizing EU Policy-Making

13

(36)

Introduction

14

(1)

Theories of European Integration

15

(11)

Neo-functionalism

15

(2)

Intergovernmentalism

17

(1)

Liberal intergovernmentalism

17

(2)

The 'new institutionalisms' in rational choice

19

(3)

Constructivism, and reshaping European identities and preferences

22

(3)

Integration theory today

25

(1)

EU policy-making in comparative perspective

26

(10)

The horizontal separation of powers: the EU as a federal system

28

(2)

The vertical separation of powers

30

(5)

Toward normal science?

35

(1)

The governance approach: the EU as a polity

36

(9)

Governing without government

37

(2)

Multi-level governance and EU policy networks

39

(2)

Globalization, Europeanization, and the question of democratic legitimacy

41

(1)

Argument, persuasion, and the 'deliberative turn'

42

(3)

Legitimate governance?

45

(1)

Conclusions

45

(4)

3 An Institutional Anatomy and Five Policy Modes

49

(42)

The institutional design of the European Union

50

(27)

The European Commission

50

(6)

The Council of the European Union

56

(8)

The European Council

64

(1)

The European Parliament

65

(2)

The European Court of Justice

67

(7)

The wider institutional setting

74

(3)

National institutions

77

(1)

One Community method, or several policy modes?

77

(16)

A traditional Community method

79

(1)

The EU regulatory mode

80

(2)

The EU distributional mode

82

(3)

Policy coordination

85

(2)

Intensive transgovernmentalism

87

(4)

Part II Policies

91

(390)

4 The Single Market: A New Approach to Policy

93

(20)

Introduction

94

(1)

Background

95

(1)

Harmonization and its increasing frustration

95

(2)

The emerging reform agenda

97

(1)

The single European market programme

98

(2)

The Single European Act

100

(1)

Squaring the theoretical circle

100

(1)

Subsequent institutional reform

101

(1)

The politics of policy-making in the SEM

102

(5)

Negative integration

102

(1)

Positive integration

103

(3)

Opening up the policy space

106

(1)

The regulatory policy mode

107

(1)

Substance and impact

107

(3)

Policy linkages

109

(1)

The single market in an enlarged EU

110

(1)

Conclusions: a new approach to policy

110

(3)

5 Competition Policy: Challenge and Reform

113

(28)

Introduction: competition policy and the European market

114

(1)

The salience of competition policy

115

(2)

The substance of policy

117

(9)

Antitrust: restrictive practices

118

(1)

Antitrust: abuse of dominance

119

(1)

Merger control

120

(3)

State aid

123

(2)

The liberalization of utilities

125

(1)

Agencies and implementation: DG COMP

126

(3)

DG COMP in context

129

(2)

Modernization of European competition policy

131

(3)

Competition policy as regulatory policy

134

(1)

Policy-making after modernization

135

(1)

Conclusion

136

(5)

6 Economic and Monetary Union: Innovation and Challenges for the Euro

141

(20)

Introduction

142

(1)

Historical development and motivations

143

(5)

Laws and institutions

148

(3)

The legal basis of EMU

148

(1)

The institutions of EMU

149

(2)

Policy processes and substance

151

(4)

Economic governance in comparative perspective

155

(3)

Fiscal governance

155

(2)

Exchange-rate policy

157

(1)

Conclusion: looking to the future

158

(3)

7 Agricultural Policy: Constrained Reforms

161

(30)

Introduction

162

(2)

Between negative and positive integration

164

(3)

Defensive modernization: the CAP qua welfare state institution

167

(1)

Income maintenance and the income security of farmers

168

(6)

The CAP as a safe haven

169

(1)

The social and political dynamics of the CAP

170

(2)

Political control of supranationalism

172

(2)

The national dimension of the CAP

174

(6)

Permutations of the CAP

175

(4)

Unresolved issues: intra-sectoral inequalities and the environment

179

(1)

The WTO and the politics of agriculture

180

(2)

The primacy of domestic welfare

180

(2)

Saving the CAP: the politics of enlargement

182

(6)

Making the new members safe for the CAP

186

(2)

Conclusions

188

(3)

8 The Budget: Who Gets What, When and How?

191

(22)

Introduction

192

(1)

A thumbnail sketch of the budget

193

(4)

The major players

196

(1)

Budgetary politics over time

197

(5)

Phase 1: the dominance of budgetary battles

197

(1)

Phase 2: ordered budgetary decision-making

198

(4)

A new style of budgetary politics?

202

(6)

Negotiating the new financial perspective

203

(1)

The Commission's proposal

203

(2)

Key cleavages and core issues

205

(2)

The Constitutional Treaty

207

(1)

Managing a larger budget

208

(2)

Conclusions

210

(3)

9 Cohesion and the Structural Funds: Competing Pressures for Reform?

213

(30)

Introduction

214

(3)

The structural funds, 1975-2004

217

(8)

The establishment of the European Regional Development Fund

217

(1)

The Single European Act and Delors-1

218

(1)

The Treaty on European Union and Delors-2

219

(3)

Agenda 2000 and the Berlin Agreements

222

(2)

Pre-accession aid

224

(1)

Implementation of the structural funds

225

(7)

Concentration

226

(1)

Programming

226

(4)

Additionality

230

(1)

Partnership

230

(2)

The structural funds post-enlargement, 2004-13

232

(6)

The impact of enlargement

232

(2)

Continuing pre-accession aid, 2004-6

234

(1)

The fourth financial perspective

235

(2)

The further reform of cohesion policy, 2007-13

237

(1)

Conclusions

238

(5)

10 Social Policy: Left to the Judges and the Markets?

243

(36)

Introduction

244

(2)

The limited success of activist social policy

246

(10)

European integration and de jure market compatibility requirements

256

(13)

Freedom of movement for workers

262

(2)

Freedom of services and the European competition regime

264

(5)

European integration and de facto pressures on national welfare states

269

(3)

Social policy in Europe's emerging multi-tiered system

272

(7)

11 Employment Policy: Between Efficacy and Experimentation

279

(26)

Introduction

280

(3)

The three pillars of policy

283

(2)

Employment policy-making before Amsterdam

285

(5)

Pillar one: between the 'Community method' and the EU regulatory model

285

(3)

Pillar two: the social dialogue and law via collective agreement

288

(2)

Employment policy post-Amsterdam

290

(10)

Pillar three: the EES and the OMC

290

(1)

Origins and institutional development

291

(1)

The EES as a 'new mode of governance'

292

(1)

Actors and the EES policy process

293

(5)

Efficacy versus experimentation

298

(2)

Conclusions: assessing European employment policy

300

(5)

12 Environmental Policy: Contending Dynamics of Policy Change

305

(24)

Introduction

306

(1)

History

306

(6)

Key players

312

(7)

The Commission

312

(1)

The Council of Ministers

313

(2)

The European Parliament

315

(2)

The European Court of Justice

317

(1)

Environmental interest groups

318

(1)

Regulatory policy-making at the crossroads

319

(5)

The regulatory policy mode under siege?

319

(3)

Is there a distributive agenda?

322

(1)

The EU as an international actor

323

(1)

Conclusions

324

(5)

13 Biotechnology Policy: Between National Fears and Global Disciplines

329

(24)

Introduction

330

(1)

Regulating GMOs: three challenges

330

(4)

A multi-sectoral challenge

331

(1)

A multi-level process: three arenas

332

(1)

Risk regulation and legitimacy

333

(1)

Historical origins of EU biotech policy

334

(5)

The 'Deliberate Release' Directive 90/220

335

(3)

The Novel Foods Regulation

338

(1)

The problem of implementation: member-state revolt and international reaction

339

(3)

Reform of EU policy since January 2000

342

(5)

The international context

347

(1)

Conclusions

348

(5)

14 Fisheries Policy: Letting the Little Ones Go?

353

(24)

Introduction

354

(1)

How fisheries policy came onto the EU agenda

355

(3)

The impact of enlargements

355

(2)

The issue of conservation

357

(1)

Extended national territorial waters

357

(1)

Between Brussels and national and local territories: opposing interests

358

(6)

The territorial dimension

359

(3)

The Commission as a promoter of expertise

362

(1)

Council negotiations

362

(1)

Parliamentary scrutiny

363

(1)

Operating through the courts

364

(1)

Common management of resources and differences in implementation

364

(5)

Setting limits on catches

365

(1)

Efforts to make controls effective

366

(1)

Limits to the common regime

367

(2)

The CFP between redistribution and globalization

369

(1)

Financial support for the fishing industry

369

(1)

International trade and Community preference

370

(4)

Negotiating with third countries

372

(2)

Conclusions

374

(3)

15 Trade Policy: From Uruguay to Doha and Beyond

377

(24)

Introduction

378

(1)

The treaty provisions

379

(1)

The evolution of policy: towards a more proactive and outward orientation

380

(3)

The policy process

383

(6)

Multilateral negotiations

383

(3)

Negotiating bilateral agreements

386

(1)

Instruments of commercial defence

387

(2)

The key players

389

(2)

EU trade policy and the Doha Development Agenda

391

(5)

Agriculture

391

(2)

Non-agricultural market access

393

(1)

Services

394

(1)

The Singapore issues

394

(2)

The main criticisms of EU policy

396

(1)

Factors shaping EU trade policy

397

(1)

Conclusions

398

(3)

16 Eastern Enlargement: Towards a European EU?

401

(28)

Introduction

402

(1)

Enlargement as a composite policy

402

(4)

The EU's reactions to the political changes in the CEECs

406

(3)

Towards a longer term policy framework: the Europe Agreements

409

(3)

An accession perspective for the CEECs

412

(2)

Sketching the path towards enlargement

414

(3)

The pre-accession strategy

414

(2)

The White Paper on regulatory alignment

416

(1)

Towards an enlargement policy

416

(1)

Institutional reform

417

(3)

Internal policy reforms

420

(1)

Towards accession

421

(3)

Wider Europe

424

(1)

Conclusions

425

(4)

17 Foreign and Security Policy: The Painful Path from Shadow to Substance

429

(28)

The Atlantic context for European foreign and security policy

430

(3)

European political cooperation: 1970-90

433

(2)

European transformation and political union: 1990-2

435

(4)

Learning by doing: 1992-6

439

(2)

The Amsterdam Review

441

(3)

After Amsterdam: Britain and France as leaders

444

(4)

From CFSP to ESDP

448

(3)

Unity over Afghanistan, discord over Iraq

451

(1)

After Iraq

452

(2)

Conclusions

454

(3)

18 Justice and Home Affairs: Towards a 'European Public Order'?

457

(24)

Introduction

458

(1)

How justice and home affairs moved onto the EU agenda

459

(4)

Maastricht's 'third pillar'

461

(2)

Uneasy communitarization: the Treaties of Amsterdam and Nice

463

(4)

Key actors

467

(5)

Organization and capacities of EU institutions

467

(3)

The proliferation of semi-autonomous agencies and bodies

470

(2)

The flow of policy

472

(7)

Substantive policy developments

472

(5)

The agenda for reform

477

(2)

Conclusions

479

(2)

Part III Conclusions

481

(24)

19 Post-sovereign Governance: The EU as a Partial Polity

483

(22)

A stable system, or one under continuous negotiation?

484

(7)

The flow of policy

486

(4)

Ideas and identities

490

(1)

Governance without statehood: post-sovereign politics

491

(3)

The EU as a partial polity

494

(3)

European government between national policy-making and global negotiation